Ha'il Aziz Ahmad Al Maythal
| place_of_birth = Zemar, Yemen | date_of_arrest = September 11, 2002 | place_of_arrest= Pakistan | arresting_authority= | date_of_release = | place_of_release= | date_of_death = | place_of_death = | citizenship = | detained_at = Guantanamo | id_number = 840 | group = | alias = Ha'il Aziz Ahmed al Maythali | charge = No charge | penalty = | status = Still held in extrajudicial detention | csrt_summary = | csrt_transcript= | occupation = | spouse = | parents = | children = }} Hail Aziz Ahmad al Maythal is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detention camp, in Cuba.list of prisoners (.pdf), US Department of Defense, May 15, 2006 Al Maythali's Guantanamo Internment Serial Number is 840. American intelligence analysts estimate that he was born in 1977, in Zemar, Yemen. As of March 25, 2010, Hail Aziz Ahmad al Maythal has been held at Guantanamo for seven years five months. Combatant Status Review Tribunal s were held in a 3 x 5 meter trailer. The captive sat with his hands and feet shackled to a bolt in the floor.Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirrorInside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004 Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed. ]] Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant. Summary of Evidence memo A Summary of Evidence memo was prepared for Ha Il Aziz Ahmed Al Maythali's Combatant Status Review Tribunal on 19 October 2004. The memo listed the following allegations: The allegations Al Maythali faced during his Tribunal were: Transcript Al Maythali did not attend his Combatant Status Review Tribunal.Summarized transcripts (.pdf), from Ha Il Aziz Ahmed Al Maythali's Combatant Status Review Tribunal - pages 12-14 But his Personal Representative presented his responses to the allegations on his behalf. First annual Administrative Review Board memo A Summary of Evidence memo was prepared for his 2005 annual Administrative Review Board. The three page memo listed fourteen "primary factors favoring continued detention" and five "primary factors favoring release or transfer". Second annual Administrative Review Board memo A Summary of Evidence memo was prepared for his 2006 annual Administrative Review Board. The three page memo listed thirty "primary factors favoring continued detention" and four "primary factors favoring release or transfer". Habeas corpus petition Hayal Aziz Ahmed Al-Mithali habeas corpus petition was first filed on November 7, 2005. CSR Tribunal dossier In response to Al-Mithali's habeas petition the Department of Defense published a dossier of eighteen pages of unclassified documents from his Tribunal. Detainee election form Al-Mithali's Detainee election form was dated 28 October 2004. It states he met with his Personal Representative for an hour and a half. His Personal Representative's notes indicate he planned to attend his CSR Tribunal. His Tribunal was convened on 1 November 2004. His Tribunal President's Basis for Decision memo states that Al-Mithali initially planned to attend his Tribunal, but informed his Personal Representative he changed his mind during a followup interview. A hand-written note on the election form states that al-Mithali changes his mind. But that note is dated 3 November 2004—two days after his Tribunal convened. Unclassified basis for tribunal decision Al-Mithali's Tribunal President wrote a three page Unclassified basis for tribunal decision memo. It stated that his status was confirmed by Tribunal panel 15 on 1 November 2004, in his absence. The determination was based on classified evidence. His Personal Representative offered responses to the allegations. Military Commissions Act The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed. Boumediene v. Bush On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system, and all previous Guantanamo captives' habeas petitions were eligible to be re-instated. On July 18, 2008 Jennifer R. Cowan renewed his habeas petition. References External links * Who Are the Remaining Prisoners in Guantánamo? Part Seven: Captured in Pakistan (3 of 3) Andy Worthington, October 13, 2010 Category:Living people Category:People held at the Guantanamo Bay detention camp Category:Yemeni extrajudicial prisoners of the United States Category:1977 births Category:Year of birth uncertain